I 

116TH CONGRESS 

1ST SESSION H. R. 2979 

To improve diversity and inclusion in the workforce of national security 

agencies, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2019 

Mr. CONNOLLY (for himself, Mr. MEEKS, Mr. HASTINGS, and Ms. BASS) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Armed Services, Intelligence (Permanent Select), the Judiciary, Homeland Security, Agriculture, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To improve diversity and inclusion in the workforce of 

national security agencies, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Security Di5 versity and Inclusion Workforce Act of 2019’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The greatest national asset of the United 

2 States in protecting the homeland and advancing the 

3 interests of the United States abroad is the talent 

4 and diversity of the national security workforce. 

5 (2) The United States has made important 

6 progress toward harnessing the extraordinary range 

7 of backgrounds, cultures, perspectives, skills, and ex8 periences of the population of the United States to9 ward keeping the United States safe and strong. 

10 (3) The 2015 National Security Strategy recog11 nized that the diversity of the national security 

12 workforce of the United States is a strategic asset 

13 that enhances the ability of the United States to 

14 lead on the global stage. 

15 (4) In March 2011, the Military Leadership Di16 versity Commission demonstrated that minorities 

17 and women are still underrepresented among the top 

18 leadership of the Armed Forces, as compared with 

19 the members they lead. 

20 (5) Although African Americans, Latinos or 

21 Hispanics, Native Americans, and Asians represent 

22 34 percent of the workforce of the United States, in 

23 2016, only 10 and 13 percent, respectively, of the 

24 senior positions in the civil service and the Foreign 


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1 Service at the Department of State were occupied by 

2 members of these groups. 

3 (6) As of 2015, African Americans, Latinos or 

4 Hispanics, Native Americans, and Asians rep5 resented only 22 percent of the officer corps of the 

6 Armed Forces, far less than the enlisted forces they 

7 lead, 40 percent of the members of which are from 

8 these groups. 

9 (7) In the intelligence community, African 

10 Americans, Latinos or Hispanics, Native Americans, 

11 and Asians represented 24 percent of the employees, 

12 but only 11 percent of the senior positions. 

13 (8) The percentages of Latinos or Hispanics as 

14 part of the overall Federal workforce and in senior 

15 positions in the Federal workforce are even lower, at 

16 8 percent and 4 percent, respectively, as compared 

17 to the general population of the United States, 

18 which is 17 percent Latino or Hispanic. 

19 (9) Latinos or Hispanics represented only a 

20 fraction of the senior positions at the Department of 

21 State, 3 percent and 5 percent, respectively, for posi22 tions in the civil service and Foreign Service, only 1 

23 percent for the officer corps of the Armed Forces, 

24 and 3 percent for senior positions in the intelligence 

25 community. 


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1 (10) With regard to gender diversity, of the in2 dividuals in senior positions in the civil service or the 

3 Foreign Service at the Department of State 39 per4 cent and 31 percent are female, respectively. For the 

5 Department of Defense, 24 percent of the individ6 uals in senior civilian positions are female, of the 

7 senior grades of the Armed Forces, 8 percent of the 

8 officers are female, and 12 percent of enlisted mem9 bers of the Armed Forces are females. Of the indi10 viduals in senior positions in the intelligence commu11 nity, 29 percent are female, compared to the overall 

12 Federal workforce, which is 33.7 percent female. 

13 (11) In concert with the findings of the Military 

14 Leadership Diversity Commission, the amendments 

15 made by section 519 of the National Defense Au16 thorization Act for Fiscal Year 2013 (Public Law 

17 112–239; 126 Stat. 1721) mandated that the Armed 

18 Forces develop and implement a plan to accurately 

19 measure the efforts of the Department of Defense 

20 and Coast Guard to ‘‘achieve a dynamic, sustainable 

21 level of members of the armed forces (including re22 serve components) that, among both commissioned 

23 officers and senior enlisted personnel of each armed 

24 force, will reflect the diverse population of the 

25 United States eligible to serve in the armed forces, 


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1 including gender specific, racial, and ethnic popu2 lations.’’. 

3 (12) The amendments made by section 1011 of 

4 the Intelligence Reform and Terrorism Prevention 

5 Act of 2004 (Public Law 108–458; 118 Stat. 3643) 

6 called on the intelligence community to prescribe 

7 personnel policies and programs that ensure its per8 sonnel ‘‘are sufficiently diverse for purposes of the 

9 collection and analysis of intelligence through the re10 cruitment and training of women, minorities, and in11 dividuals with diverse ethnic, cultural, and linguistic 

12 backgrounds’’. 

13 (13) The Department of State Authorities Act, 

14 Fiscal Year 2017 (Public Law 114–323), urges the 

15 State Department to promote a diverse representa16 tion among mid- and senior-level career professionals 

17 and section 101 of the Foreign Service Act of 1980 

18 (22 U.S.C. 3901) urges the Department of State to 

19 develop policies to encourage the entry into and ad20 vancement in the Foreign Service by persons from 

21 all segments of American society. 

22 SEC. 3. STATEMENT OF POLICY. 

23 It is the policy of the United States that— 

24 (1) in order to protect the homeland and ad25 vance the interests of the United States abroad, naVerDate Sep 11 2014 03:29 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2979.IH H2979

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1 tional security agencies of the Federal Government 

2 must have a workforce that reflects the rich com3 position and talent of its citizenry; 

4 (2) the skills, knowledge, perspectives, ideas, 

5 and experiences of all of the members of the work6 force of national security agencies contribute to the 

7 vitality and success of their national security mis8 sion; 

9 (3) promoting diversity and inclusion within the 

10 national security workforce must be a joint effort 

11 and requires engagement by senior leadership, man12 agers, and the entire workforce, as well as effective 

13 collaboration among those responsible for human re14 sources, equal employment opportunity, and diver15 sity and inclusion issues; and 

16 (4) as the United States becomes more diverse 

17 and the challenges it faces more complex, the United 

18 States must continue to invest in policies to recruit, 

19 retain, and develop the best and brightest from all 

20 segments of the population of the United States. 

21 SEC. 4. DEFINITIONS. 

22 In this Act: 

23 (1) APPLICANT FLOW DATA.—The term ‘‘appli24 cant flow data’’ means data that tracks the rate of 


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1 applications for job positions among demographic 

2 categories. 

3 (2) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Foreign Relations, 

7 the Committee on Armed Services, the Com8 mittee on Homeland Security and Govern9 mental Affairs, the Select Committee on Intel10 ligence, and the Committee on Appropriations 

11 of the Senate; and 

12 (B) the Committee on Foreign Affairs, the 

13 Committee on Armed Services, the Committee 

14 on Homeland Security, the Permanent Select 

15 Committee on Intelligence, and the Committee 

16 on Appropriations of the House of Representa17 tives. 

18 (3) DIVERSITY.—The term ‘‘diversity’’ means 

19 diversity of persons based on gender, race, ethnicity, 

20 disability status, veteran status, sexual orientation, 

21 gender identity, national origin, and other demo22 graphic categories. 

23 (4) FOREIGN SERVICE.—The term ‘‘Foreign 

24 Service’’ has the meaning given that term in section 


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1 102 of the Foreign Service Act of 1980 (22 U.S.C. 

2 3902). 

3 (5) INTELLIGENCE COMMUNITY.—The term 

4 ‘‘intelligence community’’ has the meaning given 

5 that term in section 3 of the National Security Act 

6 of 1947 (50 U.S.C. 3003). 

7 (6) NATIONAL SECURITY AGENCY.—The term 

8 ‘‘national security agency’’ means— 

9 (A) the Department of State; 

10 (B) the United States Agency for Inter11 national Development; 

12 (C) the Department of Defense; 

13 (D) the Armed Forces; 

14 (E) each element of the intelligence com15 munity; 

16 (F) the Office of International Affairs and 

17 the Office of Critical Infrastructure Protection 

18 of the Department of the Treasury; 

19 (G) the National Security Division of the 

20 Department of Justice and the Federal Bureau 

21 of Investigation; 

22 (H) the Department of Homeland Secu23 rity; 

24 (I) the Foreign Agricultural Service of the 

25 Department of Agriculture; and 


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1 (J) any other Federal agency that is pri2 marily engaged in diplomacy, development, de3 fense, intelligence, law enforcement, or home4 land security. 

5 (7) MEMBER OF THE FOREIGN SERVICE.—The 

6 term ‘‘member of the Foreign Service’’ means a 

7 member of the Foreign Service described in section 

8 103 of the Foreign Service Act of 1980 (22 U.S.C. 

9 3903). 

10 (8) WORKFORCE.—The term ‘‘workforce’’ 

11 means an individual serving in a position— 

12 (A) in the civil service (as defined in sec13 tion 2101 of title 5, United States Code); 

14 (B) as a member of the Foreign Service; or 

15 (C) as an officer or enlisted member of an 

16 armed force. 

17 SEC. 5. COLLECTION, ANALYSIS, AND DISSEMINATION OF 

18 WORKFORCE DATA. 

19 (a) INITIAL REPORTING.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of enactment of this Act, and subject 

22 to paragraph (3), the head of each national security 

23 agency shall make available to the public, the appro24 priate congressional committees, and the workforce 

25 of the national security agency a report which inVerDate Sep 11 2014 03:29 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2979.IH H2979

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1 cludes aggregate demographic data and other infor2 mation regarding the diversity and inclusion efforts 

3 of the workforce of the national security agency. 

4 (2) CONTENTS.—A report made available under 

5 paragraph (1)— 

6 (A) shall include unclassified reports and 

7 barrier analyses relating to diversity and inclu8 sion efforts; 

9 (B) shall include aggregate demographic 

10 data— 

11 (i) by segment of the workforce of the 

12 national security agency and grade or 

13 rank; 

14 (ii) relating to attrition and promotion 

15 rates; 

16 (iii) that addresses the compliance of 

17 the national security agency with validated 

18 inclusion metrics, such as the New Inclu19 sion Quotient index score; and 

20 (iv) that provides demographic com21 parisons to the relevant nongovernmental 

22 labor force and the relevant civilian labor 

23 force; 

24 (C) shall include an analysis of applicant 

25 flow data, including the percentage and level of 


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1 positions for which data are collected, and a 

2 discussion of any resulting policy changes or 

3 recommendations; 

4 (D) shall include demographic data relat5 ing to participants in professional development 

6 programs of the national security agency and 

7 the rate of placement into senior positions for 

8 participants in such programs; 

9 (E) shall include any voluntarily collected 

10 demographic data relating to the membership of 

11 any external advisory committee or board to 

12 which individuals in senior positions in the na13 tional security agency appoint members; and 

14 (F) may include data in proportions or 

15 percentages to account for concerns relating to 

16 the protection of classified information. 

17 (3) INTELLIGENCE COMMUNITY.—The elements 

18 of the intelligence community may make available a 

19 single report with respect to the diversity and inclu20 sion efforts of the workforce of the elements of the 

21 intelligence community under this subsection. 

22 (b) UPDATES.—After making available a report 

23 under subsection (a), the head of each national security 

24 agency shall annually provide a report (which may be pro25 vided as part of an annual report required under another 


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1 provision of law) to the workforce of the national security 

2 agency (including senior leadership), the public, and the 

3 appropriate congressional committees that includes— 

4 (1) demographic data and information on the 

5 status of diversity and inclusion efforts of the na6 tional security agency; 

7 (2) an analysis of applicant flow data, including 

8 the percentage and level of positions for which data 

9 are collected, and a discussion of any resulting policy 

10 changes or recommendations; and 

11 (3) demographic data relating to participants in 

12 professional development programs of the national 

13 security agency and the rate of placement into sen14 ior positions for participants in such programs. 

15 (c) EXPAND THE COLLECTION AND ANALYSIS OF

16 VOLUNTARY APPLICANT FLOW DATA.— 

17 (1) IN GENERAL.—The head of each national 

18 security agency shall develop a system to collect and 

19 analyze applicant flow data for as many positions 

20 within the national security agency as practicable, in 

21 order to identify areas for improvement in attracting 

22 diverse talent, with particular attention to senior 

23 and management positions. 

24 (2) PHASED IMPLEMENTATION.—The collection 

25 of applicant flow data may be implemented by the 


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1 head of a national security agency in a phased ap2 proach commensurate with the resources available to 

3 the national security agency. 

4 (d) IDENTIFY ADDITIONAL CATEGORIES FOR VOL5 UNTARY DATA COLLECTION OF CURRENT EMPLOYEES.— 

6 (1) IN GENERAL.—The head of each national 

7 security agency may submit to the Office of Manage8 ment and Budget and to the appropriate congres9 sional committees the recommendation of the head 

10 regarding whether the national security agency 

11 should voluntarily collect more detailed data on de12 mographic categories in addition to the race and eth13 nicity categories specified in the statistical policy di14 rective issued by the Office of Management and 

15 Budget entitled ‘‘Standards for Maintaining, Col16 lecting, and Presenting Federal Data on Race and 

17 Ethnicity’’. 

18 (2) PROCESS.—In making a recommendation 

19 under paragraph (1), the head of a national security 

20 agency shall— 

21 (A) engage in close consultation with inter22 nal stakeholders, such as employee resource or 

23 affinity groups; 


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1 (B) ensure that there is clear communica2 tion with the workforce of the national security 

3 agency— 

4 (i) to explain the purpose of the po5 tential collection of such data; and 

6 (ii) regarding legal protections relat7 ing to any anticipated use of such data; 

8 and 

9 (C) ensure adherence to relevant standards 

10 and guidance issued by the Federal Govern11 ment. 

12 SEC. 6. PROFESSIONAL DEVELOPMENT OPPORTUNITIES 

13 AND TOOLS. 

14 (a) CONDUCT STAY AND EXIT INTERVIEWS OR SUR15 VEYS.— 

16 (1) RETAINED MEMBERS.—Each national secu17 rity agency shall conduct periodic interviews with a 

18 representative cross-section of the members of the 

19 workforce of the national security agency to— 

20 (A) understand the reasons of the mem21 bers for remaining in a position in the national 

22 security agency; and 

23 (B) receive feedback on workplace policies, 

24 professional development opportunities, and 


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1 other issues affecting the decision of the mem2 bers to remain. 

3 (2) DEPARTING MEMBERS.—Each national se4 curity agency shall provide an opportunity for an 

5 exit interview or survey to each member of the work6 force of the national security agency who separates 

7 from service with the national security agency, to 

8 understand better the reasons of the member for 

9 leaving. 

10 (3) USE OF ANALYSIS FROM INTERVIEWS AND

11 SURVEYS.—Each national security agency shall ana12 lyze and use information obtained through interviews 

13 and surveys under paragraphs (1) and (2), including 

14 to evaluate— 

15 (A) if and how the results of the interviews 

16 differ by gender, race, national origin, sexual 

17 orientation, gender identity, disability status, 

18 and other demographic categories; and 

19 (B) whether to implement any policy 

20 changes or make any recommendations as part 

21 of a report required under section 5. 

22 (b) EXPAND PROVISION OF PROFESSIONAL DEVEL23 OPMENT AND CAREER ADVANCEMENT OPPORTUNITIES.— 

24 (1) IN GENERAL.—Each national security agen25 cy is authorized to expand professional development 


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1 opportunities that support the mission needs of the 

2 national security agency, such as— 

3 (A) academic programs; 

4 (B) private-public exchanges; and 

5 (C) detail assignments to relevant positions 

6 in— 

7 (i) private or international organiza8 tions; 

9 (ii) State, local, and tribal govern10 ments; 

11 (iii) other branches of the Federal 

12 Government; or 

13 (iv) professional schools of inter14 national affairs. 

15 (2) TRAINING FOR SENIOR POSITIONS.— 

16 (A) IN GENERAL.—Each national security 

17 agency shall offer, or sponsor members of the 

18 workforce of the national security agency to 

19 participate in, a Senior Executive Service can20 didate development program or other program 

21 that trains members of the workforce of the na22 tional security agency on the skills required for 

23 appointment to senior positions in the national 

24 security agency. 


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1 (B) REQUIREMENTS.—In determining 

2 which members of the workforce of the national 

3 security agency are granted professional devel4 opment or career advancement opportunities, a 

5 national security agency shall— 

6 (i) ensure any program offered or 

7 sponsored by the national security agency 

8 under subparagraph (A) comports with the 

9 requirements of subpart C of part 412 of 

10 title 5, Code of Federal Regulations, or 

11 any successor thereto, including merit 

12 staffing and assessment requirements; 

13 (ii) consider the number of expected 

14 vacancies in senior positions as a factor in 

15 determining the number of candidates to 

16 select for such programs; 

17 (iii) understand how participation in 

18 any program offered or sponsored by the 

19 national security agency under subpara20 graph (A) differs by gender, race, national 

21 origin, sexual orientation, gender identity, 

22 disability status, and other demographic 

23 categories; and 

24 (iv) actively encourage participation 

25 from a range of demographic categories, 


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1 especially from categories with consistently 

2 low participation. 

3 (3) TRACKING DATA.—Each national security 

4 agency shall— 

5 (A) track demographic data relating to 

6 participants in professional development pro7 grams and the rate of placement into senior po8 sitions for participants in such programs; and 

9 (B) evaluate such data on an annual basis 

10 to look for ways to improve outreach and re11 cruitment for such programs consistent with 

12 merit system principles. 

13 (c) ASSIGNMENT RESTRICTIONS.— 

14 (1) IN GENERAL.—Each national security agen15 cy that places assignment restrictions on members of 

16 the workforce of the national security agency or oth17 erwise prohibits certain geographic assignments due 

18 to a security determination shall ensure a review 

19 process exists for such a restriction or prohibition 

20 that is consistent with part 147 of title 32, Code of 

21 Federal Regulations (relating to adjudicative guide22 lines for determining eligibility for access to classi23 fied information), or any successor thereto, and any 

24 applicable counterintelligence considerations. 


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1 (2) NOTICE.—Each national security agency 

2 shall ensure that members of the workforce of the 

3 national security agency affected by a restriction or 

4 prohibition described in paragraph (1) are informed 

5 of the right to seek review and the process for doing 

6 so. 

7 SEC. 7. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY. 

8 (a) REWARD AND RECOGNIZE EFFORTS TO PRO9 MOTE DIVERSITY AND INCLUSION.— 

10 (1) IN GENERAL.—Each national security agen11 cy shall implement performance and advancement 

12 requirements that reward and recognize the efforts 

13 of individuals in senior positions and supervisors in 

14 the national security agency in fostering an inclusive 

15 environment and cultivating talent consistent with 

16 merit system principles, such as through participa17 tion in mentoring programs or sponsorship initia18 tives, recruitment events, and other similar opportu19 nities. 

20 (2) OUTREACH EVENTS.—Each national secu21 rity agency shall create opportunities for individuals 

22 in senior positions and supervisors in the national 

23 security agency to participate in outreach events and 

24 to discuss issues relating to diversity and inclusion 


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1 with the workforce on a regular basis, including with 

2 employee resource groups. 

3 (b) COLLECT AND DISSEMINATE VOLUNTARY DEMO4 GRAPHIC DATA OF EXTERNAL ADVISORY COMMITTEES

5 AND BOARDS.—Each national security agency that has an 

6 external advisory committee or board to which individuals 

7 in senior positions in the national security agency appoint 

8 members is strongly encouraged by Congress to— 

9 (1) collect voluntary demographic data from the 

10 members of committee or board; and 

11 (2) ensure the external advisory committee or 

12 board is developed, reviewed, and carried out by 

13 teams that represent the diversity of the organiza14 tion. 

15 (c) EXPAND TRAINING ON BIAS, INCLUSION, AND

16 FLEXIBLE WORK POLICIES.— 

17 (1) IN GENERAL.—Each national security agen18 cy shall— 

19 (A) expand the provision of training on 

20 bias, including implicit or unconscious bias, 

21 micro-inequities, inclusion, and flexible work 

22 policies to the workforce of the national security 

23 agency; and 


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1 (B) make micro-inequities and bias train2 ing, including on implicit or unconscious bias, 

3 mandatory for— 

4 (i) individuals in senior positions in 

5 the national security agency; 

6 (ii) other individuals holding manage7 ment positions in the national security 

8 agency; and 

9 (iii) individuals in positions at the na10 tional security agency having responsibil11 ities relating to outreach, recruitment, hir12 ing, career development, promotion, or se13 curity clearance adjudication. 

14 (2) PHASED IMPLEMENTATION.—The provision 

15 of training required under paragraph (1) may be im16 plemented in a phased approach commensurate with 

17 the resources of the national security agency. 

18 (3) LOW INCLUSION SCORES.—Each national 

19 security agency shall make available training on im20 plicit or unconscious bias for members of the work21 force of a bureau, directorate, division, office, or 

22 other component of the national security agency the 

23 inclusion scores of which, such as those measured by 

24 the New Inclusion Quotient index score, rank below 


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1 the average for the national security agency for a 

2 period of 3 years or longer. 

3 (4) BEST PRACTICES.—Each national security 

4 agency shall give special attention to ensuring the 

5 continuous incorporation of research-based best 

6 practices in training provided under this subsection, 

7 including best practices relating to addressing the 

8 intersection between certain demographics and job 

9 positions. 

10 SEC. 8. RECRUITMENT. 

11 (a) IN GENERAL.—Each national security agency 

12 should— 

13 (1) continue to seek a diverse and talented pool 

14 of applicants; 

15 (2) have diversity recruitment as a goal of the 

16 human resources department or equivalent entity, 

17 with outreach at appropriate colleges, universities, 

18 and diversity organizations and professional associa19 tions; and 

20 (3) intensify, identify, and build relationships 

21 with qualified potential minority candidates. 

22 (b) SCOPE.—The diversity recruitment initiatives de23 scribed in subsection (a) should include— 

24 (1) recruiting at historically Black colleges and 

25 universities, Hispanic-serving institutions, women’s 


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1 colleges, and colleges that typically serve majority 

2 minority populations; 

3 (2) sponsoring and recruiting at job fairs in 

4 urban communities; 

5 (3) placing job advertisements in newspapers, 

6 magazines, and job sites oriented toward diverse 

7 groups; 

8 (4) providing opportunities through highly re9 spected, international leadership programs, that 

10 focus on diversity recruitment and retention; and 

11 (5) cultivating partnerships with organizations 

12 dedicated to the advancement of the profession of 

13 international affairs and national security to advance 

14 shared diversity goals. 

15 SEC. 9. GENERAL PROVISIONS. 

16 (a) RULE OF CONSTRUCTION.—Nothing in this Act 

17 shall be construed to impair or otherwise affect— 

18 (1) the authority granted by law to an executive 

19 department, agency, or the head thereof, or the sta20 tus of that executive department or agency within 

21 the Federal Government; or 

22 (2) the functions of the Director of the Office 

23 of Management and Budget relating to budgetary, 

24 administrative, or legislative proposals. 


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1 (b) IMPLEMENTATION.—This Act shall be imple2 mented consistent with applicable law. 

3 (c) NO PRIVATE RIGHT OF ACTION.—This Act is not 

4 intended to, and does not, create any right or benefit, sub5 stantive or procedural, enforceable at law or in equity by 

6 any party against the United States, its departments, 

7 agencies, or entities, its officers, employees, or agents, or 

8 any other person. 

Æ 


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